The Canada Energy Regulator Act
On August 28, 2019, the National Energy Board became the Canada Energy Regulator (CER) as a result of the coming into force of the Canadian Energy Regulator Act (CER Act). Part 5 of the CER Act sets out the legislative framework for the oversight of the full life cycle of an offshore renewable energy (ORE) project and offshore power line.
For more information on the CER Act, please visit the Department of Justice webpage – Canadian Energy Regulator Act.
The Accord Acts (Canada – Nova Scotia and Canada – Newfoundland and Labrador)
Since the 1980s, Canada, Nova Scotia and Newfoundland and Labrador have jointly managed the development of offshore petroleum resources under the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act, also known as the Atlantic Accord Acts.
Under the Accord Acts, the federal and provincial governments have worked together under a joint management regime, sharing regulatory oversight of offshore energy resource development through joint Boards, the Canada-Newfoundland and Labrador Offshore Petroleum Board (C-NLOPB) and the Canada-Nova Scotia Offshore Petroleum Board (CNSOPB).
To leverage the experience of existing regulators with expertise and knowledge of the offshore environment, together the Government of Canada, the Government of Nova Scotia, and the Government of Newfoundland and Labrador set out to expand the existing joint management regime for offshore petroleum to include the management of ORE in the Canada-Nova Scotia and Canada-Newfoundland and Labrador offshore areas.
Amendments to the Federal Accord Acts were implemented through Bill C-49, which received Royal Assent on October 3rd, 2024.
These amendments:
- Established the framework to develop offshore renewable energy
- Renamed the existing regulators, the Canada-Nova Scotia Offshore Petroleum Board and the Canada-Newfoundland and Labrador Offshore Petroleum Board, to the Canada-Nova Scotia Offshore Energy Regulator (CNSOER) and the Canada-Newfoundland and Labrador Offshore Energy Regulator (C-NLOER) to reflect their new expanded mandates that include the regulation of ORE projects
- Improved alignment between the Accord Acts and the Impact Assessment Act (IAA)
- Provided tools to support the Government of Canada’s marine conservation agenda, and
- Modernized the land tenure regime for offshore petroleum development
On January 31, 2025, the amendments to the federal and provincial Canada-Nova Scotia Accord Acts were brought into force and the Canada Nova Scotia Offshore Energy Regulator became the lifecycle regulator for offshore petroleum and offshore renewable energy development. The CER Act no longer applies in the Canada-Nova Scotia Offshore Area. Amendments to the Canada-Newfoundland and Labrador Accord Acts are expected to come into force later in 2025.